Disclosure order against a newspaper was in violation of freedom of expression

During the investigation of an arson case in Arendal, the police discovered that one of the persons accused had subscribed to the newspaper Fædrelandsvennen and read news articles about the fire. The Prosecution Authority argued that the suspect’s interest in the media coverage could help determine whether he was involved in the incident, and requested that the District Court order the newspaper to disclose information about the subscription, reading history and the IP addresses used. The District Court granted the request, and the appeal to the Court of Appeal was dismissed.

The Supreme Court established that the disclosure order constitutes an interference with freedom of expression under Article 100 of the Norwegian Constitution and Article 10 of the European Convention on Human Rights (ECHR).

Following the accused's confession to the arson, the Supreme Court found that the interference was not necessary in a democratic society and that the measure was disproportionate. The disclosure order was therefore quashed.

The ruling provides guidance on when a procedural disclosure order in criminal proceedings constitutes an interference with freedom of expression, and what is required for such an interference to be justified.

Read the order from the Supreme Court (Norwegian only) (PDF)

Areas of law: Freedom of expression, criminal procedure

Key paragraphs: 48, 49 -51, 59, 65-68

Justices: Webster, Bergh, Thyness, Sæther, Poulsen